Preliminary communication
The Freedom of Expression of a Judge in Slovenia: Kosař‘S Theorem in Slovenian Judiciary
Jorg Sladič
; Faculty of Law, University of Maribor, Maribor, Slovenia
Abstract
It would appear that in new EU Member States judicial independence as guaranteed in constitutional law is being undermined by the dependent position of judges within the judicial system. The judiciary in new EU Member States is characterised by a dominant position of presidents of courts. However, judges in Slovenia are entitled to freedom of expression. Therefore, conflicts with presidents of courts are inevitable. Unfortunately, tendencies aiming to limit judicial freedom of expression can be observed in the Slovenian judiciary. An attempt to extend the limits of the freedom of expression e.g. by virtue of discretionary assessment of the president of the Supreme Court can also be construed as a tradition of rejection of separation of powers that has never been overcome in the Slovenian judiciary. Such a discretionary assessment is a manifestation of the leading role of presidents of courts and can also be used to discipline and have an impact on judicial independence. The article examines the backgrounds of such tendencies in Slovenia.
Keywords
administration of justice; independence of individual judges; position of presidents of courts; freedom of expression of a particular judge; limits
Hrčak ID:
189809
URI
Publication date:
17.11.2017.
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